(1) No policy insuring against liability imposed by law for bodily injury, sickness, disease, or death suffered by a natural person arising out of the ownership, operation, maintenance, or use of a motor vehicle within the United States, its territories or possessions, or Canada shall be delivered, issued for delivery, or renewed with respect to any motor vehicle principally garaged in this state unless coverage is provided for the protection of persons insured who are legally entitled to recover compensatory damages for bodily injury, sickness, disease, or death from (a) the owner or operator of an uninsured motor vehicle in limits of twenty-five thousand dollars because of bodily injury, sickness, disease, or death of one person in any one accident and, subject to such limit for one person, fifty thousand dollars because of bodily injury, sickness, disease, or death of two or more persons in any one accident, and (b) the owner or operator of an underinsured motor vehicle in limits of twenty-five thousand dollars because of bodily injury, sickness, disease, or death of one person in any one accident and, subject to such limit for one person, fifty thousand dollars because of bodily injury, sickness, disease, or death of two or more persons in any one accident.
(2) At the written request of the named insured, the insurer shall provide higher limits of uninsured and underinsured motorist coverages in accordance with its rating plan and rules, except that in no event shall the insurer be required to provide limits higher than one hundred thousand dollars per person and three hundred thousand dollars per accident.
(3) After purchase of uninsured and underinsured motorist coverages, no insurer or any affiliated insurer shall be required to notify any policyholder in any renewal, reinstatement, substitute, amended, altered, modified, transfer, or replacement policy as to the availability of optional limits of such coverages. The named insured may, subject to the limitations of this section, make a written request for additional coverage or coverage more extensive than that provided in a prior policy.
Notes of Decisions
Jones v. Shelter Mut. Ins. Companies, 738 N.W.2d 840 (Neb. 2007).
· cites it 22× “While Shelter's definition of use does not expressly violate the current public policy (such as it is) embodied in Neb.Rev.Stat. § 44-6408 (Reissue 2004), Shelter's insurance policy has exposed a loophole in Nebraska law that, until closed by the Legislature, will leave many…”
Blair v. State Farm Ins., 697 N.W.2d 266 (Neb. 2005).
· cites it 44× “But Blair and the personal representatives of the estates of Kost and Prickett (collectively the appellants) sued State Farm, alleging that Neb.Rev.Stat. § 44-6408 (Reissue 2004) required the policy to provide such coverage.”
Allied Mut. Ins. v. Action Elec. Co., 593 N.W.2d 275 (Neb. 1999).
· cites it 4× “§ 60-577 (Reissue 1993) (now codified at Neb.Rev.Stat. § 44-6408 (Reissue 1998)), Allied could not limit underinsured motorist coverage to persons "occupying" the vehicle, when the liability portion of the policy covered persons "using" the vehicle.”
Kline v. Farmers Ins. Exch., 766 N.W.2d 118 (Neb. 2009).
· cites it 7× “Clearly, the Legislature considered that some insureds may have multiple uninsured or UIM policies, and so long as the insured's maximum recovery was limited to the highest limit of any one of the applicable policies, recovery above the mandatory limits in § 44-6408 is…”
Steffen v. Progressive N. Ins. Co., 754 N.W.2d 730 (Neb. 2008).
· cites it 6× “[9] Section 44-6408 of the UUMICA states that all automobile liability insurance policies issued with respect to any motor vehicle principally garaged in this state shall provide for protection "of persons insured who are legally entitled to recover compensatory damages for…”
Cont'l W. Ins. Co. v. Conn, 629 N.W.2d 494 (Neb. 2001).
· cites it 2× “The act provides at § 44-6408(1) as follows: No policy insuring against liability imposed by law for bodily injury, sickness, disease, or death suffered by a natural person arising out of the ownership, operation, maintenance, or use of a motor vehicle within the United States,…”
Am. States Ins. v. Farm Bureau Ins., 583 N.W.2d 358 (Neb. Ct. App. 1998).
· cites it 7× “See § 44-6408 (Cum. Supp. 1994).] All of the exclusions except A(4) are summarized for brevity, as only A(4) is of importance to our consideration.”
Strum v. Swanson, 653 S.E.2d 667 (W. Va. 2007).
“2d 789, 792 (1971) superseded by Neb.Rev.Stat. § 44-6408 (2004).”
Kvamme v. State Farm Mut. Auto. Ins., 677 N.W.2d 122 (Neb. 2004).
· cites it 2× “If the parties or the court are convinced that this type of assumption regarding minimum coverage is somehow a legitimate concern, the court could draft a narrow jury instruction to allay that concern.”
Berg v. Liberty Mut. Ins., 319 F. Supp. 2d 933 (N.D. Iowa 2004).
· cites it 2× “4 See Neb.Rev.Stat. § 44-6408. Although the court does not need to reach this claim in light of its ruling that the Nebraska UIM endorsement covers the track in question, the court nevertheless will address this issue briefly.”
— Neb. Rev. Stat. § 44-6408(1) — 5 cases
Jones v. Shelter Mut. Ins. Companies, 738 N.W.2d 840 (Neb. 2007).
“While Shelter's definition of use does not expressly violate the current public policy (such as it is) embodied in Neb.Rev.Stat. § 44-6408 (Reissue 2004), Shelter's insurance policy has exposed a loophole in Nebraska law that, until closed by the Legislature, will leave many…”
Cont'l W. Ins. Co. v. Conn, 629 N.W.2d 494 (Neb. 2001).
“The act provides at § 44-6408(1) as follows: No policy insuring against liability imposed by law for bodily injury, sickness, disease, or death suffered by a natural person arising out of the ownership, operation, maintenance, or use of a motor vehicle within the United States,…”
Blair v. State Farm Ins., 697 N.W.2d 266 (Neb. 2005).
“But Blair and the personal representatives of the estates of Kost and Prickett (collectively the appellants) sued State Farm, alleging that Neb.Rev.Stat. § 44-6408 (Reissue 2004) required the policy to provide such coverage.”
Steffen v. Progressive N. Ins. Co., 754 N.W.2d 730 (Neb. 2008).
“[9] Section 44-6408 of the UUMICA states that all automobile liability insurance policies issued with respect to any motor vehicle principally garaged in this state shall provide for protection "of persons insured who are legally entitled to recover compensatory damages for…”
Kline v. Farmers Ins. Exch., 766 N.W.2d 118 (Neb. 2009).
“Clearly, the Legislature considered that some insureds may have multiple uninsured or UIM policies, and so long as the insured's maximum recovery was limited to the highest limit of any one of the applicable policies, recovery above the mandatory limits in § 44-6408 is…”
— Neb. Rev. Stat. § 44-6408(2) — 1 case
Kline v. Farmers Ins. Exch., 766 N.W.2d 118 (Neb. 2009).
“Clearly, the Legislature considered that some insureds may have multiple uninsured or UIM policies, and so long as the insured's maximum recovery was limited to the highest limit of any one of the applicable policies, recovery above the mandatory limits in § 44-6408 is…”
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